MATTER OF SZKOLNIK v. ALLEN


21 A.D.2d 729 (1964)

In the Matter of Michael Szkolnik et al., as Trustees of Common School District No. 8 of the Towns of Seneca, Geneva and Phelps and the City of Geneva, Appellants, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 27, 1964


In this instance it so happened that the voting area was coterminous with the common school district itself. The record does not indicate whether or not it had been formally designated a "school election district" for purposes of this meeting. (See Education Law, § 1526, subd. 6.) The Commissioner's determination followed a prior appeal to this court, upon which we held that the preliminary question of jurisdiction was a justiciable one which had to be decided by the...

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